Kongara Laxmibhai and 5 Others vs The State - 2023 Supreme(Online)(TEL) 8896

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(TEL) 8896

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETIT o NO: 10931 OF 2022 Between:
1. Kongara Laxmibhai, Wo. Swamy, Age: 72 years., Occ: House wife, Rl/o Tukaramgate, Hyderabad.
2. Kongara Swamy, S/o. Ramallaiah, Age: 82 years., Occ: Retd Employee, Rl/o Tukaram Gate, Hyderabad.
3. lvlaggidi Padma @ Padamavathi, Wo Murali, Age: 48 years., Occ: House wife, R/o Kazipet, Warangal.
I 4. K.Jayasri, W/o Late Ashok, Age: 36 years., Occ: Pvt Employee, Rl/o 3'l 14, New lvllG Road No.2 BHEL, Tellapur, Medak.
5. lvladde Umamaheshwari @ Hymavathi, Wo. Late Vekateshwaralu, Age: 50 years., Occ: House Wife, H.NO 30-3-67/1, Ambedkar Nagar, Hanamkonda, lr,4an i konda, Waran gal.
6. Kongara Naveen Kumar, S/o Swamy, Age: 45 years., Occ: Engineer, Rl/o H.NO 10-5-80911121N303311, Street No. 19, Nandanagar, Near R/o Point Hotel, Thukaram Gate, Secunderabad.
...Petitioner/Accused 2 to 7 AND I 1. The State of Telangana, Represented by its Public Prosecutor, High Court Buildings, Hyderabad.
2. Kongara Vani, Sio. Venkatarama, Age: 32 years., Occ: Housewife, R/o.
Tukaram Gate, Hvderabad, Vajininapally (V), Bhupalpally Dist.
I ...Respondents Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings C.C.No 2406 ol 2022 dated 20-08-2O22 in FIR No. 148 of 2022 on the file of Principal Judicial First Class Magistrate, At Bhupalpally District and Quash the same to prevent abuse of process of Law and securing ends of justice.
l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.NO 24OG OF 2022 dated 20-08-2022 IN FIR No. 148 af 2022 on the file of Prinicipal Judicial First Class I\,4agistrate, Bhupalpally District, pending disposal of the Quash petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri J. SRI RAMA KRISHNA, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. 1. and None Appeared for the Respondent No. 2.
The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1O931 OF 2ol22 t'i (

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners- respondents Nos.2 to 7 to quash the proceedings against them in C.C.No.24O6 of 2022 pending on the file of Principal Judicial First Ciass Magistrate, Bhupatapally. The offence alleged against them is under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. perused the record.

3. A perusal of record would reveal that, the marriage of

2"d respondent with the respondent No.1/A1 was performed o1t

06.12.2015 and thereafter matrimonial disputes arose between them.

4 The allegations leveled against petitioners herein are triable lSSL1CS. The petitioners herein have to face tria-l ald prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in CC No.24O6 of 2022 pending on the Iile of Principal Judicial First Class Magistrate, Bhupalapally, against the petitioners herein. However, in matrimonia.l disputes the identilication of parties is not in dispute.

5. In view of the above reasons, the attendance of the petitioners herein - Respondents 2 to 5 is dispensed with in CC No.24O6 of 2022 pending on the file of Principal Judicia-l First Class Magistrate, Bhupalapally, when represented by their counsel on record, the attendance of the petitioners is dispensed sutrject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance wouid stand calcelled.

6. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners hling an appiication under section 239 of cr.P.c. seeking discharge, if charges are not framed, the concerned Court sha1l dispose it off on merits.

Miscellaneous applications pending, if any, shall stand closed.

orr,rro,tP'*YSAYIIA copy// Cp //TRUE oFFtcER I sEcTroN I To, 1. The Prinicipal Judicial First Class Magistrate, at Bhupalpally District

The Station House Officer, Bhupalapally Police Station, Bhupalapally District.

3. Two CCs to Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. J. SRI RAIVA KRISHNA, Advocate [OpUC]

5. Two CD Copies PSR SB \

HIGH COURT DATED:2410112023 ORDER :l O ?il?3 o CRLP.No.10931 ot 2022 \,, DISPOSING OF THE CRIMINAL PETITION.

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